THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970 AND JUDICIAL INTERVENTION
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Abstract
In India, contract labourers are protected by the Contract Labour (Regulation and Abolition) Act, 1970. Before the enactment of this Act there was no specific legislation which dealt in detail with the problem of the contract labour. Although there were legislations like Industrial Disputes Act, 1947, Payment of Wages Act, 1936 etc. but none of them was specifically designed to regulate contract labour. Thereafter the enactment of the Act, took place on 5th September, 1970 but came in force on the 10th February, 1971. As to who is a contract labour is not defined in the Act but a workman is deemed to be a contract labour as defined in S.2 (1) (b) of the Act employed with or without the knowledge of the principal employer by the contractor in any establishment and the workman here is the workman as defined under S.2 (1) (i) of the said Act of 1970. However, the International Labour Organisation has defined the term contract labour. Now it will be found in this paper that though the objective of the Act is to prevent exploitation of contract labour and also to introduce better conditions of work, but under S. 10 of the Act which is one of the most important section of this Act has turned out to be the major issue in this paper where judiciary plays an important role in protecting the contract labourers and in protecting the objective of the Act. S. 10 provides for the procedure for abolition of employment of contract labour but it do not mention that whether they should be automatically absorbed in the establishment as regular employees after a notification is issued under Section 10 abolishing the system of contract labour in that establishment and here the role of the judiciary is analysed in protecting the contract labourers and in protecting the objective of the Act.
Thus in this paper the researcher with the help of various case analysis has tried to show how contract labourers are safeguarded by the judicial intervention in the provisions of the Contract Labour (Regulation and Abolition) Act, 1970.
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